Practicing as a House Physician in Florida comes with strict regulatory requirements, and any allegations of misconduct can result in serious disciplinary action, including an Emergency Suspension Order (ESO). One of the most serious violations that can trigger an ESO is a violation of Florida Statute 893.13(7)(a)9, which deals with unlawful acts related to controlled substances.
If the Florida Department of Health (DOH) determines that a house physician poses an immediate danger to public health, safety, or welfare, they can issue an ESO without prior notice. This can have devastating consequences, putting a physician’s career and livelihood at risk.
At Elevate Legal Services, PLLC, we understand how overwhelming and life-altering receiving an Emergency Suspension Order (ESO) can be. Our law firm specializes in defending licensed professionals, including house physicians, facing administrative complaints and disciplinary actions. If you’ve received an ESO for violating Florida Statute 893.13(7)(a)9, call us immediately at 561-770-3335 or email [email protected] for the expert legal defense you need.
Understanding Florida Statute 893.13(7)(a)9 and Its Impact on House Physicians
Florida Statute 893.13(7)(a)9 makes it illegal for a healthcare provider, including house physicians, to:
- Knowingly withhold information from a practitioner regarding a patient’s previous receipt of a controlled substance.
- Fraudulently obtain, attempt to obtain, or prescribe a controlled substance in violation of Florida’s controlled substance laws.
Why This Matters
Violations of Florida Statute 893.13(7)(a)9 are taken extremely seriously, as they are often linked to allegations of:
- Drug diversion
- Improper prescribing practices
- Illegal distribution of controlled substances
For House Physicians, an accusation under 893.13(7)(a)9 can result in immediate disciplinary action, including an Emergency Suspension Order (ESO), if the Florida Department of Health (DOH) determines that the physician’s continued practice poses an immediate danger to the public.
What an Emergency Suspension Order (ESO) Means for You
If you receive an ESO, your medical license is immediately suspended, meaning you cannot legally practice as a house physician in Florida. Unlike standard disciplinary proceedings, where a licensee has the opportunity to respond before action is taken, an ESO is executed before any formal hearing, based solely on the DOH’s assessment of the allegations.
The Consequences of an Emergency Suspension Order
- Loss of income due to the inability to practice.
- Damage to your professional reputation, making it difficult to secure future employment.
- Potential criminal charges, depending on the nature of the allegations.
- Permanent license revocation, if the charges lead to further disciplinary action.
An ESO can be career-ending if not challenged immediately.
How the Administrative Process Works
When an Emergency Suspension Order is issued, the affected house physician has the right to challenge the order through the Administrative Law System. The legal process typically follows these steps:
Step 1: Investigation & Emergency Suspension
The Florida DOH investigates the allegations. If they determine an immediate threat to public safety, they issue an Emergency Suspension Order (ESO).
Step 2: Filing an Appeal
The licensee has the right to challenge the ESO by requesting a formal hearing before an Administrative Law Judge (ALJ) at the Division of Administrative Hearings (DOAH).
Step 3: Administrative Hearing
Both parties present evidence, testimony, and legal arguments before the ALJ, who will determine whether the suspension was justified.
Step 4: Final Order
Based on the ALJ’s recommendation, the DOH may uphold, modify, or lift the suspension. If the decision is unfavorable, the licensee may pursue further appeals.
Successfully defending against an ESO requires strategic legal representation and a deep understanding of Florida’s administrative law system.
How Elevate Legal Services, PLLC Can Help
Facing an Emergency Suspension Order (ESO) is a legal emergency that requires immediate action. At Elevate Legal Services, PLLC, we specialize in defending house physicians and other licensed professionals against administrative complaints and license suspensions.
- We evaluate your case thoroughly to identify weaknesses in the DOH’s allegations.
- We challenge the evidence and procedural errors that may have led to the ESO.
- We prepare a strong legal defense to present before the DOAH and Florida Board of Medicine.
- We advocate for the reversal or modification of the ESO, allowing you to resume your medical practice.
With years of experience handling administrative complaints, we know what it takes to fight for your license and livelihood. Our team is committed to protecting healthcare professionals from unfair disciplinary actions and ensuring due process in administrative proceedings.
Call us at 561-770-3335 or email [email protected] for immediate legal representation.
Take Immediate Action to Defend Your License
An Emergency Suspension Order (ESO) does not have to mean the end of your medical career. With the right legal defense, you can fight back against allegations, challenge the suspension, and protect your professional future.
What You Should Do NOW
- DO NOT ignore the ESO – immediate action is required.
- DO NOT communicate with DOH investigators without an attorney present.
- DO NOT assume the case is unwinnable – you have legal rights.
- CONTACT US IMMEDIATELY for professional legal representation.
Call Elevate Legal Services, PLLC, at 561-770-3335 or email [email protected] for urgent legal assistance.
Let us provide the aggressive legal defense you need to fight back, restore your license, and safeguard your livelihood.
